You recently moved into a nursing home, and now you’re worried about your finances. The bills keep coming, and you’re not sure how long you can afford to pay. You wonder if the facility can force you to leave if your money runs out.
Yes, a nursing home can evict you or your loved one for non-payment. However, facilities cannot simply remove residents without following proper procedures. New York law gives the elderly rights and protections. Thus, understanding these protections starts with knowing the legal grounds for discharge.
When can a facility discharge you?
New York law strictly limits when nursing homes can discharge residents. Facilities can only remove you for specific reasons that state law defines:
- Failure to pay: The facility can discharge you or your family member if you don’t pay your bills and don’t qualify for Medicaid.
- No longer need nursing care: The facility can discharge residents when their health improves and they no longer require skilled nursing services.
- Facility cannot meet your needs: The nursing home may discharge you or your loved ones if their medical condition requires specialized care the facility cannot provide.
- Endangering others: The facility can remove seniors if their behavior threatens the health or safety of other residents or staff.
- Facility closure: If the nursing home shuts down, it must relocate residents to another appropriate facility.
These restrictions protect nursing home residents from arbitrary eviction. Even more importantly, Medicaid provides additional safeguards if you’re struggling financially.
How Medicaid offers important protections
Fortunately, understanding Medicaid protections can save your placement. The facility cannot evict you or your loved ones for non-payment if you have a Medicaid application pending. Residents can also gain protection when they appeal a Medicaid denial. Furthermore, submitting all required paperwork for third-party payment means that the facility must wait for processing. These protections give you time, but you must still take action if you or an elderly family member receive an eviction notice.
Challenging your eviction
In New York, you don’t have to accept an eviction without a fight. You can request an appeal hearing if you receive an eviction notice. This process gives you and your family more time to resolve payment issues or secure Medicaid coverage. Fortunately, the law protects seniors’ right to challenge any discharge that violates these regulations. You have options, and you have rights that protect you.
